Chile: Update to Response to Information Request CHL19146.F of 12 December 1994 on the present situation of gays and lesbians and on whether there is protection available for them
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 April 1996 |
| Citation / Document Symbol | CHL23738.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Chile: Update to Response to Information Request CHL19146.F of 12 December 1994 on the present situation of gays and lesbians and on whether there is protection available for them, 1 April 1996, CHL23738.E, available at: https://www.refworld.org/docid/3ae6ab7184.html [accessed 3 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The following information was provided by a staff member of the coordinating team of the Movimiento de Liberacion Homosexual (MOVIHL) in Santiago during a 29 April telephone interview with the DIRB.
According to the source, there is no "organized persecution" on the part of the state or the police against homosexuals. However, the source stated that there are still legal and cultural impediments faced by homosexuals in Chile. The source mentioned that articles 363, 364 and 365 of the Penal Code caracterize homosexuality as an immoral behavior which is subject to legal condemnation and imprisonment. The source also reported that gays and lesbians arrested by the police may be subjected to additional mistreatment if the arresting officer is aware of the sexual orientation of the detained.
Article 365 of the Penal Code "makes consensual, homosexual relations between adults illegal" (IGLHRC June 1995). However, in 1995, "the lower house of Chile's Parliament approved a change to Article 363 that would legalize most same sex relations" (IGLHRC Nov. 1995).
Although MOVIHL has launched a campaign against Article 365 that "has generated large amounts of press attention within Chile" (IGLHRC June 1 995) the source is not optimistic that the changes to Article 365 will be approved by the Senate, which is controlled by conservative parties.
Concerning the cultural obstacles to full recognition of gay rights, the source stated that Chilean society continues to hold very traditional and conservative opinions on sexual matters and noted that, generally, Chilean society views homosexuality as abnormal behavior worthy of castigation. Therefore, according to the source, homosexuals are victims of a sort of social discrimination in the sense that their right to choose their own sexuality is still not fully recognized by Chilean society as a whole.
Regarding protection available to homosexuals, the source stated that there are no organized groups, legal or otherwise, that defend or promote gay and lesbian rights and that legal recourse is weak. The source added that human rights organizations deal with more politically motivated human rights abuses that occurred during the dictatorship and do not express neither a particular interest nor a strong commitment to the defence of gay rights. The source noted that gay organizations do not provide legal representation to homosexuals; they concentrate more on information and awareness tasks.
For additional information on recent events concerning the situation of homosexuals in Chile, please consult the attachments.
This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Emergency Response Network of the International Gay and Lesbian Human Rights Commission (IGLHRC); Action Alert [San Francisco]. November 1995. Vol. 4, No. 4."Update: Chilean Sodomy Law Advances."
_____June 1995. Vol.4, No. 2. "Activists Launch Campaign to Repeal Chile's Sodomy Law."
Attachments
Emergency Response Network of the International Gay and Lesbian Human Rights Commission (JGLHRC); Action Alert [San Francisco]. November 1995. Vol. 4, No. 4."Update: Chilean Sodomy Law Advances," p.).
_____June 1995. Vol. 4, No. 2. "Activists Launch Campaign to Repeal Chile's Sodomy Law," p. 1.
International Lesbian and Gay Association (ILGA) Bulletin [San Francisco]. January-February-March 1996. No. 1. "Urgent Action Requested - Fired Worker Sues to Get Job Back - First Case in Chile," p. 17.
_____October-November-December 1995, No. 4. "ILGIA in Chile," n.p.
_____October-November-December 1995. No. 4. "Chilean Sodomy Law Advances," n.p.
Latinamerica Press [Lima]. 14 March 1996. Vol. 28, No. 9. "AIDS/Chile: Interview with Raquel Child: Cut From Under Dictatorship," p. 13.
_____ 23 march 1995. Vol. 27, No. 10. "Human Rights, AIDS and Homophobia," p. 8.
